자동차운전면허취소처분취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of disposition;
A. On November 5, 2004, the Plaintiff acquired a driver’s license (Class I ordinary).
B. On November 23, 2019, the Plaintiff, while under the influence of alcohol at around 01:52, driven a motor vehicle with approximately 10 km distance from Nam-dong, Yongsan-gu, Seoul to the front road of Eunpyeong-gu, Seoul at around 0.131% of alcohol level (hereinafter “instant drinking driving”).
C. On December 13, 2019, the Defendant revoked the Plaintiff’s driver’s license on the ground of the instant drunk driving.
(hereinafter “instant disposition”) D.
On January 6, 2020, the Plaintiff dissatisfied with the instant disposition and filed an administrative appeal with the Central Administrative Appeals Commission, but filed an administrative appeal with the Central Administrative Appeals Commission
2. The dismissal was 18.
[Identification Evidence: Evidence No. 1 to 4, Evidence No. 1 to 11]
2. Whether the instant disposition is lawful
A. When considering all circumstances, such as the fact that the Plaintiff’s assertion has no personal or physical damage caused by the drinking driving of the instant case, the fact that the Plaintiff driven an exemplary vehicle for about 17 years after the Plaintiff’s acquisition of the driver’s license, the fact that the Plaintiff used the ordinary driving and actively cooperated in the investigation, and the driver’s license is absolutely necessary and economic conditions, the instant disposition was abused by exceeding the scope of the discretion or abuse of discretionary power.
(b) No one shall drive a motor vehicle, etc. (including construction machinery other than construction machinery provided for in the proviso to Article 26 (1) of the Construction Machinery Management Act; hereafter the same shall apply in this Article and Articles 45, 47, 93 (1) 1 through 4, and 148-2), tram, or bicycle while under the influence of alcohol;
Article 93 (Revocation and Suspension of Driver's License) (1) When a person who has obtained a driver's license (excluding student licenses; hereafter the same shall apply in this Article) falls under any of the following subparagraphs, the commissioner of a district police agency shall grant a driver's license to all the scope of such person according